AP Application

[johnsun87 2]

Hello, I have a few questions regarding the application for advance parole.

1. According to the instructions (see page 8 of the attached PDF) you need to provide "a copy of any document issued to you by USCIS showing your present status in the US". My fiancee will be entering on a K-1, so I presume a copy of the K-1 visa will be sufficient, right?

2. We will be filing the AP application at the same time with the AOS application. How do we provide "a copy of a USCIS receipt as evidence that you filed the adjustment application" since we will be submitting both forms in the same packet? Is it just assumed since everything is going to be in one envelope?

3. What do we put for Part 4, purpose of trip? We simply want to take a vacation, but the instructions state that our intended travel must fit within one of 3 purposes, educational purpose, employment purpose, and humanitarian purpose. Do we just say "Vacation" and hope that it passes?

Thanks.

i-131instr.pdf

[KayDeeCee 4,893]

1.) See this post > http://www.visajourney.com/forums/topic/472439-evidence-for-756-and-131/?p=6723671

2.) You do not need to provide anything, since you are filing it with the I-485.

3.) You don't put anything in Part 4. You follow the directions on the form itself at the bottom of page 2 > "If you are applying for a non-DACA related Advance Parole Document, skip to Part 7" Example form > http://www.visajourney.com/examples/INS-Form-I-131.pdf

~ Moved from Working & Traveling During US Immigration to AOS from Family Based Visas - topic is applying for AOS ~

[Pitaya 2,577]

Agree with Jay-Kay.

We also included our version of the "I-131 Supplement Part 7" letter with our AP applications. It is also listed in the example forms link provided by Jay-Kay.

[KayDeeCee 4,893]

Supplement letter/statement of why you need/want AP is not a requirement when filed with a pending I-485.

[Pitaya 2,577]

As we have all come to appreciate, often times the USCIS instructions can be vague or misleading to say the least.

In our case, we included supplemental letters with both of our I-131 applications, pursuant to our interpretation of the statement at the beginning of Part 7 of the Form I-131 application. Evidently, inclusion of those letters did not present an issue for our AP applications in the eyes of the individual USCIS adjudicator, my wife and step-son received their EAD/AP combo cards in about "60-90 days."

YMMV.

[KayDeeCee 4,893]

It states that on the form and then also says (see instructions). Not everyone is using the form for the same purpose. For someone filing AP as an adjustment applicant, it is not required.

The instructions are not vague, and plenty of people have been approved by following them and not including the needless statement, Of course they would approve you if you included it anyway. Including extra, unnecessary supplements is not a reason for a denial. I have actually never heard of a denial of the I-131 for a K-1 applicant.

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

c. Advance Parole Document
If you are in the United States, you must attach:

(1) A copy of any document issued to you by USCIS showing your present status, if any, in the United States; and

(2) An explanation or other evidence showing the circumstances that warrant issuance of an Advance Parole
Document; or

(3) If you are an applicant for adjustment of status, a copy of a USCIS receipt as evidence that you filed the
adjustment application;

The 'or' is the important word there. Someone that is applying for adjustment of status supplies the explanation statement OR the I-485 receipt. If you are filing at the same time as the I-485, then you need to provide nothing as far as that is concerned. If you file after your I-485, then you provide a copy of the I-485 receipt and no explanation is needed either. Filing for adjustment of status is the only reasoning/explanation needed for your AP.

Edited January 27, 2014 by Jay-Kay

[johnsun87 2]

It states that on the form and then also says (see instructions). Not everyone is using the form for the same purpose. For someone filing AP as an adjustment applicant, it is not required.

The instructions are not vague, and plenty of people have been approved by following them and not including the needless statement, Of course they would approve you if you included it anyway. Including extra, unnecessary supplements is not a reason for a denial. I have actually never heard of a denial of the I-131 for a K-1 applicant.

http://www.uscis.gov/sites/default/files/files/form/i-131instr.pdf

The 'or' is the important word there. Someone that is applying for adjustment of status supplies the explanation statement OR the I-485 receipt. If you are filing at the same time as the I-485, then you need to provide nothing as far as that concerned. If you file after your I-485, then you provide a copy of the I-485 receipt and no explanation is needed either. Filing for adjustment of status is the only reasoning/explanation needed for your AP.

Damnit, I'm a freaking attorney (not immigration) and I should have caught that. The "or" is perfectly clear and no statement is necessary. Thanks for the help you guys.

[johnsun87 2]

On a related note, what are the chances that she would be denied entry into the US if we have the AP based on her AOS? I thought it was some sort of emergency measure since we had to provide "humanitarian reason" for traveling, but since it is just based on her status, the risks seem much lower than before. Once we get the AP card, is there anything that we realistically should worry about when traveling abroad? I've heard that it is helpful to notify USCIS, but we should otherwise be fine, right?

[QueenOfBlades 224]

I have a quick question about AP as well and it seems related to this topic rather than starting another one - On the example forms, it asks for intended date of departure and for how many days. I have no plan to leave the US, but you never know what might happen so I want one just in case. What should I answer to these?

[KayDeeCee 4,893]

I have a quick question about AP as well and it seems related to this topic rather than starting another one - On the example forms, it asks for intended date of departure and for how many days. I have no plan to leave the US, but you never know what might happen so I want one just in case. What should I answer to these?

You can leave them blank and then hand-write Unknown for those after printing it out.

[Darnell 8,478]

On a related note, what are the chances that she would be denied entry into the US if we have the AP based on her AOS? I thought it was some sort of emergency measure since we had to provide "humanitarian reason" for traveling, but since it is just based on her status, the risks seem much lower than before. Once we get the AP card, is there anything that we realistically should worry about when traveling abroad? I've heard that it is helpful to notify USCIS, but we should otherwise be fine, right?

None. I invite you to pitch this humanitarian bits out of yer skull, as AP, an optional thing when chasing AOS, not need such heavy documentation . the I-131 is used for different things - I invite you to laser a bit, focus on the pertinent bits for a K-1 visa holder filing the AOS after marriage. There's lots of other language in the I-131 that won't apply to her - I can understand how it can seem inundating, but mostly - you need to pitch.

[johnsun87 2]

Awesome, thanks.

[QueenOfBlades 224]

You can leave them blank and then hand-write Unknown for those after printing it out.

We're gonna do that, thank you - As for the supplement, I've used the template on the example forms and on the travel information part, I've put something along the lines of, no current plans, filing concurrently with Adjustment of Status from K-1 status, requesting EAD/AP in case of emergency travel. Do you think that'll be alright?

[KayDeeCee 4,893]

We're gonna do that, thank you - As for the supplement, I've used the template on the example forms and on the travel information part, I've put something along the lines of, no current plans, filing concurrently with Adjustment of Status from K-1 status, requesting EAD/AP in case of emergency travel. Do you think that'll be alright?

No explanation or reason what-so-ever is needed when filing the I-131 for AP along with a pending I-485. See post #6 in this thread.